Chinese name
investigate and obtain evidence
Foreign name
Investigation and evidence collection
Another name
Private entrustment
target
Organization or individual
The right of investigation and evidence collection of state organs
Special activities and related compulsory measures taken by state organs with the right to investigate and collect evidence to find out the case, collect evidence and detain the violator according to law.
In general, the state organs that have the right to investigate and collect evidence are: public security, procuratorates, courts and other administrative organs have the right to investigate and collect evidence within their administrative functions and business fields.
Lawyer's right to investigate and collect evidence
concept
Lawyers' right to investigate and collect evidence means that lawyers have the right to investigate and collect evidence from relevant units and individuals when handling legal affairs. This is one of the important rights that lawyers should enjoy, and it is also the guarantee for lawyers to practice smoothly.
trait
1. Lawyers are not legally required to investigate evidence.
2. The lawyer's right to collect evidence in criminal investigation focuses on collecting evidence beneficial to the client.
3. The evidence obtained by the lawyer's investigation must be verified by the court before it can be used as evidence.
meaning
Protecting lawyers' right to investigate and collect evidence is the need of building a country ruled by law. A country without a lawyer system and lawyers is not a country ruled by law. It is of great significance to improve the right of defense lawyers to investigate and collect evidence. Its perfection is not only conducive to safeguarding the substantive rights of defense lawyers and safeguarding the legitimate rights and interests of the parties, but also conducive to promoting the balance between prosecution and defense and realizing judicial justice and fairness.
law
The Lawyers Law of People's Republic of China (PRC) is referred to as the Lawyers Law.
Article 35 An entrusted lawyer may, according to the needs of a case, apply to a people's procuratorate or a people's court to collect and obtain evidence, or apply to a people's court to notify witnesses to testify in court.
If a lawyer investigates and collects evidence by himself, he may, with the lawyer's practice certificate and the certificate of the law firm, investigate the situation related to undertaking legal affairs with the relevant units or individuals.
Criminal Procedure Law of the People's Republic of China
Article 36 From the date when the people's procuratorate examines and prosecutes a case, the defense lawyer may consult, extract and copy the litigation documents and technical appraisal materials of the case, and may meet and correspond with the criminal suspect in custody. Other defenders, with the permission of the People's Procuratorate, may also consult, extract and copy the above-mentioned materials, and meet and correspond with criminal suspects in custody.
Since the people's court accepted the case, the defense lawyer can consult, extract and copy the materials of the alleged criminal facts in this case, and can meet and correspond with the defendant in custody. With the permission of the people's court, other defenders may also consult, extract and copy the above materials, and meet and correspond with the defendant in custody.
Article 37 With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them, or apply to the people's procuratorate or the people's court to collect and obtain evidence, or apply to the people's court to notify witnesses to testify in court.
With the permission of the people's procuratorate or the people's court, and with the consent of the victim or his close relatives or witnesses provided by the victim, the defense lawyer may collect materials related to the case from them.